UK Insurance Ltd v Gentry [2018] EWHC 37 (QB) (18 January 2018)

UK Insurance Ltd v Gentry [2018] EWHC 37 (QB) (18 January 2018)

The court found that the only credible explanation for the concealment of the friendship between Mr. Gentry and Mr. Miller, the inconsistencies in the evidence, and the circumstances of the claim was that the collision was staged to defraud the insurer. The claimant discharged the burden of proof for deceit to the required high standard.

Citation
[2018] EWHC 37
Parties
Claimant: UK Insurance Limited; Defendant: Stuart John Gentry
Jurisdiction
England and Wales
Judgment Date
18 January 2018
Procedural Posture
Civil Tort of Deceit (insurance Fraud) / Trial Judgment
Outcome
Judgment for the claimant
Legal Topics
Insurance Fraud, Deceit, Staged Accidents, Burden of Proof in Fraud, Adverse Inferences, Damages in Deceit
Insurance Law Tort Law Civil Procedure Insurance Fraud Deceit Staged Accidents Burden of Proof in Fraud Adverse Inferences +1 more

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Parties

UK Insurance Limited

Claimant

Stuart John Gentry

Defendant

Procedural Posture

Civil Tort of Deceit (insurance Fraud) / Trial Judgment

Legal Issues

  1. 1 Whether Mr. Gentry dishonestly represented that his car was struck in a genuine collision
  2. 2 Whether the collision was staged to defraud the insurer
  3. 3 Whether the claimant discharged the burden of proof for deceit

Ratio Decidendi

The court found that the only credible explanation for the concealment of the friendship between Mr. Gentry and Mr. Miller, the inconsistencies in the evidence, and the circumstances of the claim was that the collision was staged to defraud the insurer. The claimant discharged the burden of proof for deceit to the required high standard.

Court Disposition

Judgment for the claimant

Orders

  • Defendant to pay £19,179 in damages to the claimant
  • Defendant to pay interest and costs